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Are You an Unmarried Divorced Spouse?

Updated: Jan 6


Did you know that if you were married for 10 years prior to your divorce, and you never remarried. you are eligible for 50% of your ex-spouse's Social Security benefit?


Let's take a look at our example couple, Sherry and James.


Sherry and James got married in 2010. Unfortunately, they then got divorced in 2018. Sherry is now unmarried and is 62 years old. She does not yet qualify for full Social Security benefit.

However, James is also 62 years old, and whether he is retired or not, Sherry can receive a divorced spouse’s benefit based on his work record. Sherry, at the reduced early retirement (62-year old) benefit is $450. But Sherry could receive the spousal benefit (50% of James’ Social Security -- $700 of his $1,400 benefit) until her full retirement age, then claim her own.

She cannot, however, get both James’ 50% spousal benefit and her $450 reduced benefit at the same time. She can choose either one. But most people would pick the $700 over the $450 if they know about this option.


If the ex-spouse passes away, a divorced individual may qualify for divorced survivor benefits. To be eligible, the marriage must have lasted at least 10 years, and the individual must be age 60 or older, or age 50 or older if disabled. In most cases, the individual must be unmarried, although remarriage after age 60 does not affect eligibility. Survivor benefits can be as much as 100 percent of the ex-spouse’s benefit, depending on the age at which the survivor claims.


Remarriage rules are an important consideration. Remarrying before age 60 generally ends eligibility for benefits based on an ex-spouse’s record, while remarriage after age 60 does not affect eligibility for survivor benefits. To apply for divorced spouse or survivor benefits, individuals should contact the Social Security Administration and be prepared to provide a marriage certificate, divorce decree, and basic information about their former spouse, such as a Social Security number if available.


Is this something that could work for you? Let’s review your Social Security options today. Call Stevie Swain at 513-818-1753, ext 4.


 
 
 

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